Power of State Government to make rules

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. The State of Madhya Pradesh Transport Department Secretary vs Rakesh Sethi

   Supreme Court of India 26 Aug 2020 Binding (SC) Reportable

   Court's Decision & Legal Precedent

   The State Government has the constitutional and statutory authority to prescribe fees for the reservation and allotment of specific registration marks to motor vehicles under Rule 55A of the Madhya Pradesh Motor Vehicles Rules, 1994. This authority derives from: (1) Section 41(6) of the Motor Vehicles Act, 1988, which creates a two-step process of Central allotment of series and State assignment of specific numbers; (2) Section 65(1) of the Act, which grants the State general power to make rules for carrying into effect the provisions of the registration chapter; (3) Section 211 of the Act, which is a residual provision granting power to the State to levy fees for services rendered, notwithstanding the absence of express provision, provided the State is empowered to make rules on that subject; and (4) the principle that when a central enactment clothes the state with the power to perform a function, an implicit power to charge a reasonable fee for that function must be read into the state's power. The assignment of specific registration numbers is a distinct service for which the State can legitimately charge a fee, as it involves administrative work and caters to public demand for auspicious and numerologically significant numbers. The power to prescribe fees for registration under Section 41(2) relates only to the general registration process, not to the assignment of specific numbers. Rule 55A is therefore valid and within the State's authority.

   On this section: Grants the State Government power to make rules for carrying into effect the provisions of the registration chapter, other than matters specified in Section 64; this is the key provision relied upon by the State to justify Rule 55A

   Read the full order on eCourts India

2. Jt. Transport Commissioner, Jharkhand vs Nag's Auto Testing Station

   Supreme Court of India 09 Mar 2011 Binding (Supreme Court)

   Court's Decision & Legal Precedent

   State Government possesses the power to issue directions requiring Motor Vehicle Inspectors to counter-sign fitness certificates issued by authorized testing stations under Section 65 read with Section 213 of the Motor Vehicles Act, 1988, as such a measure is necessary and salutary to prevent unauthorized and fraudulent issuance of fitness certificates by testing stations that could endanger public safety. Additionally, a writ petition is barred by res judicata or constructive res judicata if it seeks to challenge substantially the same matter that was dismissed in an earlier petition that has become final.

   On this section: Court held that State Government derives power to issue directions regarding counter-signature of fitness certificates from these sections read together. Section 65 appears to relate to powers of motor vehicle inspectors and Section 213 likely relates to State Government's regulatory powers. The Court applied these provisions to support governmental authority to impose counter-signature requirements as a quality control measure.

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.